WEBVTT
MICHEAL MAHONEY HAS A CLOSER
LOOK.
REPORTER: SOME CONSERVATIVES
THINK THE KANSAS SUPREME COURT
IS TOO ACTIVIST.
THEY WANT VOTERS TO REJECT 4 OF
THE 5 JUSTICES UP FOR RETENTION.
OTHERS, HOWEVER, ARE PUSHING
BACK.
>> IF WE FIRE OUR SUPREME COURT
JUSTICES, BROWNBACK CAN APPOINT
UP TO 5 OF THE 7 JUSTICES.
REPORTER: IT'S NOT THAT SIMPLE.
A SPECIAL NOMINATING COMMISSION
MADE UP OF NINE PEOPLE, SOME
LAWYERS AND SOME NOT, OFFER
THREE NOMINEES TO THE GOVERNOR.
THE GOVENOR CAN APPOINT ONE OF
THE THREE OR REJECT THE PANEL.
IF THAT HAPPENS, THEN THE CHIEF
JUSTICE OF THE SUPREME COURT
COULD SELECT ONE OF THE
NOMINEES.
>> FOUR FORMER GOVERNORS AND LAW
ENFORCEMENT OFFICALS ALL KANSAS
SUPPORT THIS COURT.
REPORTER: THAT A REFERNCE TO
THIS GROUP, FORMER REPUBLICAN
GOVENORS MIKE HAYDEN AND BILL
GRAVES, PLUS FORMER DEMOCRATIC
GOVENORS JOHN CARLIN AND
KATJHLEEN SEBLIUS WHO HAVE BEEN
APPEARING AROUD THE STATE AND
CAMPAIGNING THIS FALL TO URGE
KANSAS VOTERS TO RETAIN THE
JUSTICES.
>> VOTE YES.
FIVE TIMES.
REPORTER: THAT IS ACCURATE.
FIVE SEPARATE VOTES ON RETENTION
OF THE 5 KANSAS SUPREME COURT
JUSTICES.

Perhaps the biggest issue on the Kansas ballot that doesn’t involve a candidate is the question of whether five Kansas Supreme Court justices should be retained.

Some conservatives think the court is too activist and are calling for voters to reject four of the five justices up for retention.

Advertisement

"We like a court that are strict constructionists, at the federal level and at the state level," said Mary Kay Culp, of Kansans for Life.

Other people are pushing back.

“If we fire our Supreme Court justices, (Gov. Sam) Brownback can appoint up to five of the seven justices,” said an ad for people favoring retention.

It’s not that simple. A special nominating commission made of nine people, some lawyers and some not, offers three nominees to the governor. The governor can appoint one of those three or reject the panel. If that happens, the Chief Justice can select one of the nominees.

Chief Justice Lawton Nuss and Justice Marla Luckert were appointed by Republican Bill Graves. Justices Carol Beier and Daniel Biles were appointed by Democrat Kathleen Sebelius. Justice Caleb Stegall is a Brownback appointee.

Conservative lawmakers believe the courts are controlling Kansas education spending. They’re also critical of the court’s ruling that prompted a re-sentencing for two Wichita men convicted of a set of brutal murders.

Backers of the retention campaign said four former governors, Republicans Mike Hayden and Graves and Democrats John Carlin and Sebelius, favor keeping the court as it is. They have been appearing around the state to urge Kansas voters to retain the justices.

We believe this court has done a god job,” said Joyce Morrison, of Kansans for Fair Courts. “These are stellar justices who are doing their job of upholding the law and being fair and impartial.”

Voters will cast five votes on the issue, a yes or no vote on each of the justices up for retention. The Supreme Court retention questions are deep into the Kansas ballot.

Kansas judges are up for retention votes in the first general election after their appointments. They serve six-year terms before another retention vote.

Recent polls have shown a slim majority of Kansans are satisfied with the cours.